In applying Section 498A IPC, mere general allegations of abuse are insufficient; specific allegations are necessary to maintain proceedings, particularly in family-related cases.

JUDGMENT :

CHAITALI CHATTERJEE (DAS), J.

1. This present revisional application has been filed for setting aside the order26th July, 2024 against an order dated 19th August, 2024 whereby the learned court below passed an order by rejecting the petitioner’s application for discharge.

2. It is the case of the petitioner that the opposite party no. 2 had approached the petitioner from the advertisement published by the petitioner for the proposal of marriage and thereafter the petitioner and the opposite party no. 2 tied the knot on 22-03-2015 and after such marriage, the petitioner herein and his wife, that is, the opposite party no.2 herein, started residing at the petitioner’s residence. It is further stated by the petitioner that before his marriage with the opposite party no.2, he was previously married to one Karabi Mandal, but due to unfortunate turn of event, said Karabi Mandal died on 21-02-2014 in a road accident and from such wedlock, one girl child was born on 14th July, 2006. Thereafter, for the sake of healthy upbringing of minor daughter, the petitioner decided to marry for the second time and for that purpose, he made a newspaper publication on 19^th October, 2014 seeking a suitable bride for the marriage. The only condition of marriage put forward by the petitioner is that for his minor daughter’s interest, the bride must be infertile, that is, incapable of having a child. Thus on the basis of the said publication, the family members of the opposite party no.2 contacted the petitioner for marriage as the opposite party no. 2 was unable to have children due to her infertility which fitted into the condition of the petitioner. Subsequently, the petitioner and the opposite party no. 2 tied with the marital knot on 22nd March, 2015.

3. It is the further case of the petitioner that he then discovered that the opposite party no. 2 is not only incapable of having a child, but she is also incapable of indulging into physical intimacy with the petitioner. The petitioner thereafter took the opposite party no. 2 to a gynecologist on 12^th December, 2015 for her treatment where the petitioner came to know that the opposite party no.2 is incapable of indulging in physical relationship and the prescription of the doctor clearly states that there is absence of vaginal canal. Thereafter, certain disputes developed between the parties and the opposite party no.2, without any intimation, left the matrimonial home in the year 2016 keeping the petitioner in dark and started living at her paternal home with her parents and brother. It is further submitted that since such diagnosis, the opposite party no. 2 started neglecting the minor daughter of the petitioner and used to treat her very badly.

4. The petitioner immediately thereafter made a written statement before Sonarpur Police Station intimating the police authority regarding such incident and the same was registered as GDE No.2478 dated 26-01-2016. The petitioner states that 6 years thereafter, the opposite party no.2 made a false and frivolous written complaint against the petitioner before Gobardanga Police Station which was registered as Gobardanga P.S. Case No.315 of 2022 dated 14-11-2022 under Section 498A of the IPC wherein it was stated that the petitioner along with his family members habitually mentally and physically abused her on the ground of her incapacity to have a child and subsequently drove her out of her matrimonial house.

5. On the basis of such complaint, investigation started and charge sheet has been submitted with a charge under Section 498A of the IPC which is pending for trial before th